HIGHFLYR Terms of Use & Service Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE PLATFORM OR BOOKING FLIGHT ARRANGEMENTS. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, COMPREHENSIVE LIMITATIONS OF LIABILITY, AND AN ASSUMPTION OF RISK BY THE USER.

1. Acceptance of Terms & Binding Contract

These Terms of Use (the "Agreement" or "Terms") constitute a legally binding contract between you ("User," "Member," "Passenger," "you," or "your") and HighFlyr Aviation Technologies, Inc., together with its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, and licensors (collectively, "HighFlyr," "Company," "we," "us," or "our").

By accessing or using our website, mobile application, digital interfaces, booking engines, or concierge services (collectively, the "Platform"), or by purchasing, booking, or occupying a seat on any flight facilitated by HighFlyr, you acknowledge that you have read, understood, and agree to be bound by all terms, conditions, and disclaimers set forth herein. If you do not agree with these Terms, you must immediately discontinue use of the Platform and refrain from booking services.

2. Air Charter Broker Status & Operational Control Disclaimer (14 CFR Part 295 Mandatory Disclosure)

Broker Status Only: HighFlyr is an air charter broker and digital marketplace. HighFlyr is NOT a direct air carrier, indirect air carrier, or foreign air carrier, and does NOT own, operate, manage, maintain, crew, or control any aircraft.

Independent Direct Air Carriers: All air transportation services displayed, arranged, or booked through the Platform are performed exclusively by third-party, FAA-certificated Part 135 direct air carriers (or foreign equivalent authorized civil aviation operators) who maintain full operational control of the flights.

Operational Control: The operating Direct Air Carrier is solely responsible for all flight operations, safety protocols, piloting, crew selection, fueling, navigation, aircraft airworthiness, maintenance, mechanical delays, routing decisions, baggage limits, tarmac clearances, and regulatory compliance.

Capacity: Unless expressly agreed otherwise in writing, HighFlyr acts solely as an indirect broker/agent on behalf of the customer or passenger in negotiating and arranging air transportation with the operating carrier.

3. Total Disclaimer of Operational & Flight Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGHFLYR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR:

Bodily Injury, Illness, or Death: Any injury, sickness, disease, psychological trauma, or death arising out of or related to aircraft operation, boarding, deplaning, turbulence, cabin conditions, ground transport, or Fixed-Base Operator (FBO) facilities.

Property Loss & Baggage Damage: Any loss, destruction, theft, handling error, or delay of luggage, cargo, executive equipment, jewelry, cash, or personal effects during flight or ground handling.

Flight Disruptions, Delays, & Cancellations: Any flight delay, diversions, missed connections, mechanical failures, runway holds, weather grounding, crew duty limitations, air traffic control mandates, airspace restrictions, or cancellation caused by the direct air carrier or third-party ground facilities.

Third-Party Actions & Co-Passengers: Any act, error, omission, breach of contract, negligence, willful misconduct, or harassment committed by the direct air carrier, aircraft pilots, flight crew, FBO personnel, ground logistics providers, or fellow passengers.

4. Assumption of Risk

You expressly understand, acknowledge, and agree that private aviation, air charter travel, and shared-cabin transit involve inherent risks, including but not limited to aircraft mechanical failures, unpredictable severe weather conditions, ground transit hazards, runway operational issues, and interaction with unfamiliar third-party travelers.

YOU VOLUNTARILY, KNOWINGLY, AND FREELY ASSUME ALL RISKS—BOTH KNOWN AND UNKNOWN—ASSOCIATED WITH TRAVELING ON FLIGHTS FACILITATED BY HIGHFLYR.

5. Cap on Financial Liability (Maximum Recovery Limit)

UNDER NO CIRCUMSTANCES SHALL HIGHFLYR, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES;

ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF REPUTATION, OR EXPENSES INCURRED FOR REPLACEMENT TRAVEL, ALTERNATIVE FLIGHTS, OR HOTEL ACCOMMODATIONS;

ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THESE TERMS, DELAYS, CANCELLATIONS, OR ANY FLIGHT FACILITATED HEREUNDER, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF HIGHFLYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXIMUM AGGREGATE LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HIGHFLYR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY FLIGHT, BOOKING, OR USE OF THE PLATFORM SHALL BE STRICTLY LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO HIGHFLYR FOR THE SPECIFIC FLIGHT SEAT GIVING RISE TO THE CLAIM.

6. Indemnification & Hold Harmless

You agree to defend, indemnify, and hold harmless HighFlyr, its parent corporations, affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, demands, suits, fines, judgments, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your breach or violation of these Terms or any applicable direct air carrier rules;

Your violation of any applicable federal, state, local, or international law, FAA regulation, TSA mandate, or customs requirement;

Your conduct, negligence, or willful misconduct onboard the aircraft, at private FBO terminals, or during ground transit;

Any physical damage caused by you or your invitees/guests to the aircraft cabin, furnishings, avionics, FBO facilities, or co-passengers’ property;

Any legal action brought against HighFlyr by your invitees, guests, heirs, executors, or insurers in connection with a flight booked under your account.

7. Shared Jet Cabin Rules, 60% Occupancy & Conduct

HighFlyr operates a shared-cabin model with a capped occupancy standard (typically 60% of certified seat capacity):

No Aircraft Ownership / Right to Exclusive Space: Purchasing a seat entitles you to one passenger seat and designated luggage allowance; it does not grant charter control over the aircraft or sovereignty over flight scheduling.

Passenger Vetting & Identity: You must present valid, government-issued photo identification matching your pre-cleared manifest information prior to boarding. Failure to provide valid credentials resulting in boarding denial remains solely your financial responsibility.

In-Cabin Professional Decorum: Passengers must maintain strict professional decorum. HighFlyr and the aircraft Commander (Pilot-in-Command) reserve the unilateral right to refuse boarding or remove any passenger who is intoxicated, disruptive, abusive, violates confidentiality, or poses a safety or security concern. No refunds will be issued under such circumstances.

Mutual Confidentiality: All members agree to respect the privacy of fellow passengers encountered at private terminals or onboard. Disclosing the identity, travel patterns, or overheard business conversations of other passengers is strictly prohibited and grounds for immediate membership revocation.

8. Cancellation, Delay, & Rescheduling Policies

Weather & Mechanical Disruptions (Force Majeure): HighFlyr and operating air carriers are not liable for failure to perform or flight delays caused by Acts of God, adverse weather, air traffic control holds, temporary flight restrictions (TFRs), airport closures, labor strikes, mechanical defects, emergency repairs, government actions, national emergencies, or pandemics.

Replacement Aircraft: In the event of a mechanical failure or carrier cancellation, HighFlyr will make commercially reasonable efforts to secure alternative flight options or credit the unused seat fare. HighFlyr does not guarantee replacement aircraft and is not liable for price differences with third-party carriers.

Member Cancellation: Seat purchases and membership dues are subject to the specific cancellation schedules disclosed at the time of booking. Non-refundable seat allocations are strictly non-refundable once the booking confirmation window closes.

9. Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any flight arranged by HighFlyr (including the scope or applicability of this agreement to arbitrate) shall be determined exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

Venue: Arbitration proceedings shall take place in the State of Florida (or a mutually agreed domestic location), conducted before a single neutral arbitrator.

Waiver of Jury Trial: You and HighFlyr expressly waive any constitutional and statutory rights to go to court and have a trial before a judge or a jury.

CLASS ACTION WAIVER: ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. YOU AGREE THAT YOU WILL NOT BRING OR JOIN ANY CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR COLLECTIVE PROCEEDING AGAINST HIGHFLYR.

10. Governing Law & Jurisdiction

These Terms and all claims arising out of or related to your use of HighFlyr shall be governed by and construed in accordance with the laws of the State of Delaware (or the State where HighFlyr maintain headquarters), without regard to its conflict of law principles, except to the extent preempted by U.S. Federal Aviation Law (including the Airline Deregulation Act of 1978 and DOT Part 295).

11. Severability & Entire Agreement

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms represent the complete agreement between the parties concerning the subject matter hereof and supersede all prior understandings.

12. Contact Information

For legal inquiries, notices, or operational questions regarding these Terms:

HighFlyr Aviation Technologies, Inc.

Legal & Compliance Dept: legal@highflyr.com

General Concierge Support: support@highflyr.com